Common use of Exclusion and Limitation Clause in Contracts

Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. 8.2 DCI gives no warranty, express or implied, in relation to any Goods supplied to the Customer other than relating to the title of the Goods supplied. 8.3 DCI shall not be liable for any loss or damage suffered by the Customer or the Cardholder in connection with any Goods save to the extent that such liability cannot by law be limited or excluded. 8.4 DCI shall not be liable for any failure of a Retailer to process Cards or for any refusal by a Retailer to accept Cards. The sale of Goods by Retailers takes place under the exclusive responsibility of such Retailer and the Customer must lodge any claim relating to the sale of Goods directly with such Retailer. 8.5 Subject to clause 8.10, DCI's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise (and including claims relating to Goods purchased with a Card), in any 12 month period shall in no circumstances exceed a total aggregate amount equal to the price of all Goods paid by the Customer to DCI pursuant to clause 5.1 in that 12 month period less the price paid for all such Goods by DCI to any third party including any Retailer in that 12 month period. 8.6 DCI is not liable for any loss of profits, loss of revenue or loss of opportunity or any consequential or indirect loss or damages incurred by the Customer or Cardholder as a result of a claim. 8.7 Claims by the Customer or Cardholder are waived unless made by registered letter within thirty (30) calendar days from the date of the event triggering the claim. 8.8 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless in respect of any losses that are caused by or result from the negligence or wilful acts or omissions of the Customer or its Cardholders. 8.9 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless against all liability, including employer’s liability, in respect of any damage to the property of DCI or the Customer or the death or personal injury of their respective employees or agents arising out of or consequent upon the use of the Card, the Sites or the Product. 8.10 Nothing in this Agreement shall exclude or limit DCI‘s liability for death or personal injury caused by DCI’s negligence, or the negligence of DCI employees, agents or subcontractors; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited by law. 8.11 Subject to Clause 8.10, DCI shall not in any circumstances be liable to the Customer arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of income, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, loss or corruption of data or information provided by you, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use, in all cases whether suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if DCI had been advised of the possibility of you incurring the same) or any punitive or exemplary damages. 8.12 DCI shall have no liability to the Customer to the extent caused by or arising from (i) the Customer’s acts, omissions, default, fraud or negligence; or (ii) the acts, omissions, default, fraud or negligence of any third party. 8.13 Statements made by DCI relating to the Cards and all recommendations, opinions, estimated savings and forecasts (together “Forecasts”) in any communication between DCI and Customer are made in good faith on the basis of information available at the time and such Forecasts are addressed only to the Customer. DCI shall have no liability in relation to losses, liabilities, expenses, claims, costs or damages suffered or incurred as a result of or in relation to Customer’s reliance on such Forecasts and Customer acknowledges that such liability is a business risk that Customer wholly assumes. 8.14 This clause shall continue in full force and effect after the termination or expiry of this Agreement.

Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. 8.2 DCI gives no warranty, express or implied, in relation to any Goods supplied to the Customer other than relating to the title of the Goods supplied. 8.3 DCI shall not be liable for any loss or damage suffered by the Customer or the Cardholder in connection with any Goods save to the extent that such liability cannot by law be limited or excluded. 8.4 DCI shall not be liable for any failure of a Retailer to process Cards or for any refusal by a Retailer to accept Cards. The sale of Goods by Retailers takes place under the exclusive responsibility of such Retailer and the Customer must lodge any claim relating to the sale of Goods directly with such Retailer. 8.5 Subject to clause 8.10, DCI's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise (and including claims relating to Goods purchased with a Card), in any 12 month period shall in no circumstances exceed a total aggregate amount equal to the price of all Goods paid by the Customer to DCI pursuant to clause 5.1 in that 12 month period less the price paid for all such Goods by DCI to any third party including any Retailer in that 12 month period. 8.6 DCI is not liable for any loss of profits, loss of revenue or loss of opportunity or any consequential or indirect loss or damages incurred by the Customer or Cardholder as a result of a claim. 8.7 Claims by the Customer or Cardholder are waived unless made by registered letter within thirty (30) calendar days from the date of the event triggering the claim. 8.8 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless in respect of any losses that are caused by or result from the negligence or wilful willful acts or omissions of the Customer or its Cardholders. 8.9 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless against all liability, including employer’s liability, in respect of any damage to the property of DCI or the Customer or the death or personal injury of their respective employees or agents arising out of or consequent upon the use of the Card, the Sites or the Product. 8.10 Nothing in this Agreement shall exclude or limit DCI‘s DCI’s liability for death or personal injury caused by DCI’s negligence, or the negligence of DCI employees, agents or subcontractors; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited by law. 8.11 Subject to Clause 8.10, DCI shall not in any circumstances be liable to the Customer arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of income, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, loss or corruption of data or information provided by you, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use, in all cases whether suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if DCI had been advised of the possibility of you incurring the same) or any punitive or exemplary damages. 8.12 DCI shall have no liability to the Customer to the extent caused by or arising from (i) the Customer’s acts, omissions, default, fraud or negligence; or (ii) the acts, omissions, default, fraud or negligence of any third party. 8.13 Statements made by DCI relating to the Cards and all recommendations, opinions, estimated savings and forecasts (together “Forecasts”) in any communication between DCI and Customer are made in good faith on the basis of information available at the time and such Forecasts are addressed only to the Customer. DCI shall have no liability in relation to losses, liabilities, expenses, claims, costs or damages suffered or incurred as a result of or in relation to Customer’s reliance on such Forecasts and Customer acknowledges that such liability is a business risk that Customer wholly assumes. 8.14 This clause shall continue in full force and effect after the termination or expiry of this Agreement.

Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. 8.2 DCI WEX gives no warranty, express or implied, in relation to any Goods supplied to the Customer other than relating to the title of the Goods supplied. 8.3 DCI . WEX shall not be liable for any loss or damage suffered by the Customer or the Cardholder in connection with any Goods save to the extent that such liability cannot by law be limited or excluded. 8.4 DCI . WEX shall not be liable for any failure of a Retailer to process Cards or for any refusal by a Retailer to accept Cards. The sale of Goods by Retailers takes place under the exclusive responsibility of such Retailer Retailers and the Customer must lodge any claim relating to the sale of Goods directly with such RetailerRetailers. 8.5 Subject to clause 8.10, DCI8.2 WEX's total aggregate liability arising out of or in connection with under this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise (and including Agreement for any claims relating to Goods purchased with a Card), in any 12 month period shall in no circumstances exceed a total aggregate amount equal Card is limited to the purchase price of all Goods paid by the Customer to DCI pursuant to clause 5.1 in that 12 month period less the price paid for all such Goods by DCI to any third party including any Retailer in that 12 month periodGoods. 8.6 DCI 8.3 WEX is not liable for any loss of profits, loss of revenue or loss of opportunity or any consequential or indirect loss or damages incurred by the Customer or Cardholder as a result of a claim. 8.7 8.4 Claims by the Customer or Cardholder are waived unless made by registered letter within thirty (30) 10 calendar days from the date of the event triggering the claim. 8.8 The 8.5 Customer shall indemnify and hold DCIWEX, its officers, employees and agents harmless in respect of any losses that are caused by or result from the negligence or wilful acts or omissions of the Customer or its Cardholders. 8.9 The Customer shall indemnify and hold DCI, its officers, employees and agents harmless against all liability, including employer’s liability, in respect of any damage to the property of DCI or the Customer or the death or personal injury of their respective employees or agents arising out of or consequent upon the use of the Card, the Sites or the Product. 8.10 8.6 Nothing in this Agreement shall exclude has the effect of limiting or limit DCI‘s excluding any liability for death or personal injury caused by DCI’s negligence, or the negligence of DCI employees, agents or subcontractors; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited by law. 8.11 Subject to Clause 8.10, DCI shall not WEX in any circumstances be liable to the Customer respect of a Claim arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of income, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, loss or corruption of data or information provided by you, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use, in all cases whether suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if DCI had been advised of the possibility of you incurring the same) or any punitive or exemplary damages. 8.12 DCI shall have no liability to the Customer to the extent caused by or arising from (i) the Customer’s acts, omissions, default, fraud or negligence; or (ii) the acts, omissions, default, fraud or negligence of any third party. 8.13 Statements made by DCI relating to the Cards and all recommendations, opinions, estimated savings and forecasts (together “Forecasts”) in any communication between DCI and Customer are made in good faith on the basis of information available at the time and such Forecasts are addressed only to the Customer. DCI shall have no liability in relation to losses, liabilities, expenses, claims, costs or damages suffered or incurred as a result of the fraud, negligence or wilful misconduct of WEX, its contractors or agents and their respective employees (but, for the avoidance of doubt, WEX shall not be liable in relation any way to Customer’s reliance on such Forecasts Customer or Cardholder for the fraud, negligence or wilful misconduct of any third party service provider) save to the extent that liability cannot by law be excluded, and Customer acknowledges provided that such liability is a business risk that Customer wholly assumesWEX shall in no event be liable for any consequential or indirect loss howsoever arising. 8.14 This clause shall continue in full force and effect after the termination or expiry of this Agreement.

Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. 8.2 DCI WP gives no warranty, express or implied, in relation to any Goods supplied to the Customer other than relating to the title of the Goods supplied. 8.3 DCI WP shall not be liable for any loss or damage suffered by the Customer or the Cardholder in connection with any Goods Goods, including but not limited to where any Fuel Product acquired from a Supply Point is contaminated, save to the extent that such liability cannot by law be limited or excluded. 8.4 DCI WP shall not be liable for any failure of a Retailer to process Cards or for any refusal by a Retailer to accept Cards. The sale of Goods by Retailers takes place under the exclusive responsibility of such Retailer and the Customer must lodge any claim relating to the sale of Goods directly with such Retailer. 8.5 Subject to clause 8.10, DCI's WP’s total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise (and including claims relating to Goods purchased with a Card), in any 12 month period shall in no circumstances exceed a total aggregate amount equal to the price of all Goods paid by the Customer to DCI WP pursuant to clause 5.1 in that 12 month period less the price paid for all such Goods by DCI WP to any third party including any Retailer in that 12 month period. 8.6 DCI WP is not liable for any loss of profits, loss of revenue or loss of opportunity or any consequential or indirect loss or damages incurred by the Customer or Cardholder as a result of a claim. 8.7 Claims by the Customer or Cardholder are waived unless made by registered letter within thirty (30) 30 calendar days from the date of the event triggering the claim. 8.8 The Customer shall indemnify and hold DCIWP, its officers, employees and agents harmless in respect of any losses that are caused by or result from the negligence or wilful acts or omissions of the Customer or its Cardholders. 8.9 The Customer shall indemnify and hold DCIWP, its officers, employees and agents harmless against all liability, including employer’s liability, in respect of any damage to the property of DCI WP or the Customer or the death or personal injury of their respective employees or agents arising out of or consequent upon the use of the Card, the Sites or the Product. 8.10 Nothing in this Agreement shall exclude or limit DCI‘s liability for death or personal injury caused by DCI’s negligence, or the negligence of DCI employees, agents or subcontractors; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited by law. 8.11 Subject to Clause 8.10, DCI shall not in any circumstances be liable to the Customer arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of income, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, loss or corruption of data or information provided by you, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use, in all cases whether suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if DCI had been advised of the possibility of you incurring the same) or any punitive or exemplary damages. 8.12 DCI shall have no liability to the Customer to the extent caused by or arising from (i) the Customer’s acts, omissions, default, fraud or negligence; or (ii) the acts, omissions, default, fraud or negligence of any third party. 8.13 Statements made by DCI relating to the Cards and all recommendations, opinions, estimated savings and forecasts (together “Forecasts”) in any communication between DCI and Customer are made in good faith on the basis of information available at the time and such Forecasts are addressed only to the Customer. DCI shall have no liability in relation to losses, liabilities, expenses, claims, costs or damages suffered or incurred as a result of or in relation to Customer’s reliance on such Forecasts and Customer acknowledges that such liability is a business risk that Customer wholly assumes. 8.14 This clause shall continue in full force and effect after the termination or expiry of this Agreement.Registered

Exclusion and Limitation. 8.1 Subject to Clause 8.10, the express terms of this Agreement shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law. 8.2 DCI WEX gives no warranty, express or implied, in relation to any Goods or Services supplied to the Customer other than relating to the title of the Goods supplied. 8.3 DCI Customer. WEX shall not be liable for any loss or damage suffered by the Customer or and/or the Cardholder in connection with any Goods and Services save to the extent that such liability cannot by law be limited or excluded. 8.4 DCI . WEX shall not be liable for any failure of a Retailer Network Partners to process Cards or for any refusal by a Retailer Network Partner to accept Cards. The sale of Goods and Services by Retailers Network Partners takes place under the exclusive responsibility of such Retailer Network Partner and the Customer must lodge any claim relating to the sale of Goods and Services directly with such RetailerNetwork Partners. 8.5 Subject to clause 8.10, DCI8.2 WEX's total aggregate liability arising out of or in connection with under this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise (and including Agreement for any claims relating to Goods and Services purchased with a Card), in any 12 month period shall in no circumstances exceed a total aggregate amount equal Card is limited to the purchase price of all Goods paid by the Customer to DCI pursuant to clause 5.1 in that 12 month period less the price paid for all such Goods by DCI to any third party including any Retailer in that 12 month periodand Services. 8.6 DCI 8.3 WEX is not liable for any loss of profits, loss of revenue or loss of opportunity or any consequential or indirect loss or damages incurred by the Customer or and/or Cardholder as a result of a claim. 8.7 8.4 Claims by the Customer or Cardholder are waived unless made by registered letter within thirty (30) calendar days 1 year from the date of the event triggering the claim. 8.8 8.5 The Customer shall indemnify and hold DCIWEX, its officers, employees and agents harmless in respect of any losses that are caused by or result from the negligence or wilful acts or omissions of the Customer or its and/or Cardholders. 8.9 The Customer shall indemnify . Subject matter Processing and hold DCIduration of Processing of Personal Data to support the provision of Goods and Services as provided under this Agreement, its officers, employees and agents harmless against all liability, including employer’s liability, in respect of any damage to for the property of DCI or the Customer or the death or personal injury of their respective employees or agents arising out of or consequent upon the use duration of the Cardterm of this Agreement. Nature and purpose of Processing Processing for the provision of the Goods and Services as described in this Agreement. Type of Personal Data Names, the Sites or the Product.physical addresses, telephone numbers, national IDs, passport numbers, drivers’ license numbers, birth dates, job titles, email 8.10 8.6 Nothing in this Agreement shall exclude has the effect of limiting or limit DCI‘s excluding any liability for death or personal injury caused by DCI’s negligence, or the negligence of DCI employees, agents or subcontractors; fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited by law. 8.11 Subject to Clause 8.10, DCI shall not WEX in any circumstances be liable to the Customer respect of a claim arising out of or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, loss of income, loss of contracts, loss of business or business opportunities, loss of production, loss of turnover or revenue, loss of availability, loss or corruption of data or information provided by you, loss of anticipated savings, wasted expenditure, loss of reputation, loss of goodwill or loss of use, in all cases whether suffered or incurred directly or indirectly by the Customer, or for any consequential, indirect or special loss or damage howsoever arising and of whatsoever nature (even if DCI had been advised of the possibility of you incurring the same) or any punitive or exemplary damages. 8.12 DCI shall have no liability to the Customer to the extent caused by or arising from (i) the Customer’s acts, omissions, default, fraud or negligence; or (ii) the acts, omissions, default, fraud or negligence of any third party. 8.13 Statements made by DCI relating to the Cards and all recommendations, opinions, estimated savings and forecasts (together “Forecasts”) in any communication between DCI and Customer are made in good faith on the basis of information available at the time and such Forecasts are addressed only to the Customer. DCI shall have no liability in relation to losses, liabilities, expenses, claims, costs or damages suffered or incurred as a result of the fraud, negligence or wilful misconduct of WEX, its contractors or agents and their respective employees (but, for the avoidance of doubt, WEX shall not be liable in relation any way to Customer’s reliance on such Forecasts the Customer and/or Cardholder for the fraud, negligence or wilful misconduct of any third party service provider) save to the extent that liability cannot by law be excluded, and Customer acknowledges provided that such liability is a business risk that Customer wholly assumesWEX shall in no event be liable for any consequential or indirect loss howsoever arising. 8.14 This clause shall continue in full force and effect after the termination or expiry of this Agreement.